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TERMS OF USE



TERMS OF USE FOR APE EXPRESS

Last Updated: October 7, 2024

 1.  ACCEPTANCE OF TERMS

     Welcome to Ape Express, operated by ZeroXSum Inc. ("Company," "we," "us,"
     or "our"). These Terms of Use ("Terms") govern access to and use of the Ape
     Express platform, including content, functionality, and services offered on
     https://ape.express/ (the "Platform").

     By accessing or using the Platform, you agree to be bound by these Terms.
     If you do not agree to these Terms, you must not access or use the
     Platform.

     
     
 2.  CHANGES TO TERMS

     We reserve the right to modify these Terms at any time. All changes are
     effective immediately upon posting on the Platform. We will notify you of
     material changes via email or a notice on the Platform. Your continued use
     of the Platform following the posting of revised Terms constitutes your
     acceptance of the changes.

     
     
 3.  PLATFORM DESCRIPTION

     Ape Express is a next-generation protocol designed to overcome obstacles
     encountered by project initiators during token launch on ApeChain. The
     Platform provides creators with tools to develop and customize tokens, and
     deploy smart contracts. In addition to providing tools for token creation,
     the Platform also enables regular users to interact with created tokens and
     use related services such as trading, accessing project content.  

     
     
 4.  ELIGIBILITY

     You must be of legal age in your jurisdiction to use this Platform whether
     as a Token Creator or Regular User. By using the Platform, you represent
     and warrant that you meet all eligibility requirements. By using the
     Platform, you agree to comply with these Terms and all applicable local,
     state, national, and international laws, rules, and regulations.

     
     
 5.  USER REGISTRATION

     Both Token Creators and Regular Users may be required to register for an
     account to access certain features of the Platform. You agree to provide
     accurate, current, and complete information during the registration process
     and to update such information to keep it accurate, current, and complete.
     You are responsible for maintaining the confidentiality of your account and
     password and for restricting access to your computer. You agree to accept
     responsibility for all activities that occur under your account or password
     and must notify us immediately of any unauthorized use or breach of
     security. Ape Express maintains the right to disable or close an account at
     any time for any reason. Users of the Platform are divided into two
     categories: (i) Token Creators, who use the Platform to create and deploy
     tokens, and (ii) Regular Users, who interact with tokens or other services
     on the Platform but do not create tokens.

     
     
 6.  TOKEN CREATION AND DEPLOYMENT

     6.1 Token Type: The Platform allows for the creation of a standard ERC-20
     token with additional features.
         

     6.2 Token Features: Users can customize various features of their tokens,
     including but not limited to:

     a) Name and Symbol
     b) Total Supply

     6.3 Deployment: Users can deploy tokens through the Ape Express platform.
     By using this feature, you acknowledge that:

     a) The Company is not responsible for the performance or security of your
     deployed token.
     b) You are solely responsible for ensuring that your token creation,
     deployment, and any related activities comply with all applicable laws and
     regulations, including securities laws and regulations in your
     jurisdiction. The Company is not liable for any legal violations by
     users.      

     6.4 Regular Users may access and interact with tokens created on the
     Platform, including participating other related activities. The Company is
     not responsible for the performance of any tokens and advises users to
     assess all risks before engaging in any token-related activities.

     
     
 7.  FEES AND PAYMENTS

     7.1 Minting Fee: Users agree to pay a Minting Fee in the chain's Native
     Token for token creation. The fee structure is subject to change and
     includes:

      1. Base Fee: A fixed fee for all token types.
      2. Feature Fee: Additional fees for optional token features.
      3. Discount Features: Discounts that may apply based on current
         promotions.

     7.2 Transaction Fees: Users are responsible for all transaction fees
     associated with their use of the Platform, including gas fees on the
     ApeChain. Regular Users may be subject to transaction fees and other costs
     associated with using the Platform.

     7.3 Feature Fees: Additional fees may apply for certain token features, as
     outlined in the Platform documentation.

     
     
 8.  INTELLECTUAL PROPERTY RIGHTS

     8.1 Platform Ownership: The Platform and its entire contents, features, and
     functionality (including but not limited to all information, software,
     text, displays, images, video, and audio, and the design, selection, and
     arrangement thereof) are owned by the Company, its licensors, or other
     providers of such material and are protected by copyright, trademark,
     patent, trade secret, and other intellectual property or proprietary rights
     laws.

     8.2 Limited License: We grant you a limited, non-exclusive,
     non-transferable, and revocable license to access and use the Platform for
     its intended purposes, subject to these Terms.

     8.3 Restrictions: You must not: a) Modify, copy, or create derivative works
     based on the Platform. b) Use any illustrations, photographs, video or
     audio sequences, or any graphics separately from the accompanying text. c)
     Delete or alter any copyright, trademark, or other proprietary rights
     notices from copies of materials from the Platform.

     
     
 9.  USER CONTENT AND CONDUCT

     9.1 User Responsibilities: You are solely responsible for all information,
     data, text, software, music, sound, photographs, graphics, video, messages,
     or other materials that you upload, post, publish, or display on or through
     the Platform.

     9.2 Prohibited Conduct: You agree not to use the Platform: a) In any way
     that violates any applicable federal, state, local, or international law or
     regulation. b) To exploit, harm, or attempt to exploit or harm minors in
     any way. c) To transmit any material that is defamatory, obscene, indecent,
     abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise
     objectionable. d) To impersonate or attempt to impersonate the Company, a
     Company employee, another user, or any other person or entity. e) To engage
     in any other conduct that restricts or inhibits anyone's use or enjoyment
     of the Platform, or which may harm the Company or users of the Platform.

     
     
 10. DISCLAIMERS

     10.1 No Financial Advice: The information provided on the Platform is for
     general information purposes only and is not intended to be financial,
     investment, or other professional advice. Information on the Platform is
     provided for general purposes only. Both Token Creators and Regular Users
     are responsible for their decisions based on the information available and
     must seek their own advice as needed.

     10.2 No Guarantees: We do not guarantee the accuracy, completeness, or
     usefulness of information on the Platform. Any reliance you place on such
     information is strictly at your own risk.

     10.3 Third-Party Content: The Platform may include content provided by
     third parties. We are not responsible for the content or accuracy of any
     third-party materials.

     
     
 11. LIMITATION OF LIABILITY

     To the fullest extent permitted by law, in no event will the Company, its
     affiliates, or their licensors, service providers, employees, agents,
     officers, or directors be liable for any damages of any kind, including
     direct, indirect, incidental, special, consequential, or punitive damages,
     arising out of or in connection with your use, or inability to use, the
     Platform, any websites linked to it, any content on the Platform, or such
     other websites, except in cases of gross negligence or willful misconduct.

     
     
 12. INDEMNIFICATION

     You agree to defend, indemnify, and hold harmless the Company, its
     affiliates, licensors, and service providers, and its and their respective
     officers, directors, employees, contractors, agents, licensors, suppliers,
     successors, and assigns from and against any claims, liabilities, damages,
     judgments, awards, losses, costs, expenses, or fees (including reasonable
     attorneys' fees) arising out of or relating to your violation of these
     Terms or your use of the Platform.

     
     
 13. GOVERNING LAW AND JURISDICTION

     These Terms and any dispute or claim arising out of or in connection with
     them or their subject matter or formation (including non-contractual
     disputes or claims) shall be governed by and construed in accordance with
     the laws of the British Virgin Islands. Any legal suit, action, or
     proceeding arising out of, or related to, these Terms or the Platform shall
     be instituted exclusively in the courts of the British Virgin Islands. You
     agree that any legal action or proceeding arising out of or related to
     these Terms shall be instituted exclusively in the courts of the British
     Virgin Islands.

     
     
 14. ARBITRATION

     Any dispute arising out of or in connection with this contract, including
     any question regarding its existence, validity, or termination, shall be
     referred to and finally resolved by arbitration under the LCIA Rules, which
     Rules are deemed to be incorporated by reference into this clause. The
     number of arbitrators shall be one. The seat, or legal place, of
     arbitration shall be London, England. The language to be used in the
     arbitral proceedings shall be English. To initiate arbitration, you must
     send a written notice of dispute to the Company's registered office
     address. The notice must describe the nature and basis of the claim or
     dispute and set forth the specific relief sought.

     
     
 15. RISK ACKNOWLEDGMENT

     15.1 Volatile Market: All users acknowledge the risks inherent in
     interacting with the cryptocurrency market. Token Creators assume all risks
     related to token creation and deployment, while Regular Users acknowledge
     the risks of interacting with tokens, including market volatility and
     technical failures.

     15.2 Smart Contract Risks: You understand that smart contracts may contain
     bugs or vulnerabilities that could result in loss of funds or other adverse
     outcomes.

     15.3 Regulatory Risks: You acknowledge that the regulatory landscape for
     cryptocurrencies and decentralized finance is uncertain and subject to
     change, which could impact the legality or functionality of the Platform or
     tokens created through it.

     
     
 16. PRIVACY POLICY

     Your use of the Platform is also subject to our Privacy Policy, which is
     incorporated into these Terms by reference.

     
     
 17. TERMINATION

     We may terminate or suspend access to the Platform for both Token Creators
     and Regular Users at any time, without prior notice, if you breach these
     Terms.

     
     
 18. SEVERABILITY

     If any provision of these Terms is held to be unenforceable or invalid,
     such provision will be changed and interpreted to accomplish the objectives
     of such provision to the greatest extent possible under applicable law, and
     the remaining provisions will continue in full force and effect. If any
     provision of these Terms is deemed unlawful, void, or unenforceable, the
     remaining provisions shall remain in full force and effect.

     
     
 19. ENTIRE AGREEMENT

     These Terms, our Privacy Policy, and any other legal notices published by
     us on the Platform, shall constitute the entire agreement between you and
     us concerning the Platform.

     
     
 20. CONTACT INFORMATION

     If you have any questions about these Terms, please contact us at
     info@ape.express.

     
     
 21. WAIVER

     No waiver by the Company of any term or condition set out in these Terms
     shall be deemed a further or continuing waiver of such term or condition or
     a waiver of any other term or condition, and any failure of the Company to
     assert a right or provision under these Terms shall not constitute a waiver
     of such right or provision.

     
     
 22. ASSIGNMENT

     You shall not assign or transfer these Terms or any rights or obligations
     hereunder, in whole or in part, whether voluntarily or by operation of law,
     without the prior written consent of the Company. Any purported assignment
     or transfer in violation of this section shall be null and void.

     
     
 23. SURVIVAL

     All provisions of these Terms which by their nature should survive
     termination shall survive termination, including, without limitation,
     ownership provisions, warranty disclaimers, indemnity, and limitations of
     liability.

     By using the Ape Express Platform, you acknowledge that you have read these
     Terms of Use, understood them, and agree to be bound by them. If you do not
     agree to these Terms of Use, you must not access or use the Platform.

     
     
 24. FUTURE DEVELOPMENTS

     24.1 Planned Features: The Company may introduce new features in the
     future, such as a Staking Factory, Vesting Factory, and incentivization
     programs. These features, if implemented, will be subject to additional
     terms and conditions.

     24.2 No Guarantee: The Company does not guarantee the development or
     implementation of any planned features. Users should not rely on the
     potential future availability of such features in their decision to use the
     Platform.

     
     
 25. ACKNOWLEDGMENT OF PLATFORM LIMITATIONS

     25.1 No Responsibility for Token Performance: You acknowledge that Ape
     Express is a platform for token creation and deployment, and the Company is
     not responsible for the performance, success, or failure of any tokens
     created using the Platform.

     25.2 No Guarantee of Profits: The Company does not guarantee any profits or
     expected gains or returns from tokens created or traded using the Platform.

     25.3 Technical Limitations: You understand that the Platform may have
     technical limitations, including but not limited to, the types of tokens
     that can be created and the exchanges supported.

     
     
 26. DATA PROTECTION AND PRIVACY

     26.1 Data Protection Laws: The Company is committed to protecting your
     personal data and complying with applicable data protection laws. Our
     collection, use, and storage of your personal information is governed by
     our Privacy Policy, which is incorporated into these Terms by reference.

     26.2 User Consent: By using the Platform, you consent to the collection,
     use, and storage of your personal data as described in our Privacy Policy.
     You have the right to withdraw your consent at any time, but please note
     that this may affect your ability to use certain features of the Platform.

     26.3 Data Security: While we implement reasonable security measures to
     protect your personal data, you acknowledge that no method of transmission
     over the internet or electronic storage is 100% secure. We cannot guarantee
     absolute security of your data.

     26.4 Third-Party Services: The Platform may integrate with or link to
     third-party services. We are not responsible for the privacy practices or
     content of these third-party services. We encourage you to review the
     privacy policies of any third-party services you access through our
     Platform.

     26.5 Data Subject Rights: Depending on your jurisdiction, you may have
     certain rights regarding your personal data, such as the right to access,
     correct, or delete your data. To exercise these rights, please contact us
     using the information provided in the Contact Information section.

     
     
 27. TAX IMPLICATIONS AND REPORTING

     27.1 User Responsibility: You are solely responsible for determining what,
     if any, taxes apply to your transactions on the Platform. This includes,
     but is not limited to, income tax, capital gains tax, sales tax, and
     similar taxes that may arise from token creation, trading, or any other
     activities on the Platform.

     27.2 No Tax Advice: The Company does not provide tax advice. We strongly
     recommend that you consult with a qualified tax professional to understand
     the tax implications of your activities on the Platform.

     27.3 Reporting Obligations: You are solely responsible for complying with
     any applicable tax reporting requirements in your jurisdiction. This may
     include reporting gains, losses, income, or other tax-related information
     to relevant tax authorities.

     27.4 Information Sharing: The Company reserves the right to share user
     information with tax authorities or other government agencies if required
     by law or in response to a valid legal request.

     27.5 Tax Withholding: In the event that the Company is required by law to
     withhold taxes on behalf of users, we reserve the right to do so. Any
     amounts withheld will be deducted from the relevant transaction amounts.

     27.6 Changes in Tax Law: You acknowledge that tax laws and regulations
     relating to cryptocurrency and digital assets are evolving and may change.
     The Company is not responsible for any adverse tax consequences that may
     result from changes in tax laws or regulations.

     27.7 Record Keeping: We recommend that you maintain accurate records of all
     your transactions on the Platform for tax purposes. While the Platform may
     provide transaction history, you should not rely solely on this for tax
     reporting purposes.

I AGREE TO THE TERMS OF USE